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![handle is hein.slavery/ssactsengr0213 and id is 1 raw text is: JENNINGS V. HILL [1844]
this decision; and if so, we may lament it: but we sit here, not to try what the
Testator may have intended, but to ascertain, on legal principles, what testamentary
instruments he has made; and we must not be induced by any consideration of
intention or hardship, to relax the provisions of a Statute (perhaps the most im-
portant of modern times) for the disposition of property.
Being of opinion that all the facts stated in the allegation would not, if proved
as laid, entitle the Milan script to probate, we must affirm the Decree of the Judge
of the Prerogative Court rejecting the allegation.
With respect to costs, considering the very peculiar circumstances of the case,
we shall advise Her Majesty to direct that the costs of the Appeal in this Court be
paid out of the estate. The costs in the Court below are already given in a similar
manner; but to prevent an injurious precedent, we must add, that in other cases
such recommendation will not be repeated, save under circumstances equally
peculiar and stringent. The cause to be remitted.
[Mews' Dig. tit. INTERNATIONAL LAW, VI. PROPERTY, c. Movable Property; tit.
WILL,. II. TESTAMENTARY INSTRUMENTS, i. IX. CONSTRUCTION, a. k. 1. c. S.C.
8 Jur. 863; and, below, 3 Curt. 468 (sub nora. De Zichy Ferraris v. Hertford).
On point (i.) as to domicile, see In re Capdevielle, 1864, 33 L.J. Ex.'306; and
Udny v. Udny, 1869, L.R. 1 H.L. (Sc.) 441, Phillimore, Int. Law, ss. 51-60;
see also The Wills Act 1861 (24 and 25 Vict. c. 114); the Domicile Act 1861
(24 and 25 Vict. c. 121, and Convention between United Kingdom and U.S. of
Ame ica relative to disposal of real and personal property (Treaty Series, 1900,
No. 17); (ii.) as to incorporation (4 Moo. P.C. 368), discussed in Allen v. Mad-
dock, 1858, 11 Moo. P.C. 435; Anderson v. Anderson, 1872, L.R. 13 Eq. 386;
In the goods of Adamnson, 1875, 3 P. and D. 255; (iii.) as to operation of 1 Viet.
c. 26, it may be noted that the language of the judgment (4 Moo. P.C. 356) is
elliptical. The point decided is clearly and correctly stated, however, in the
head-note (4 Moo. P.C. 340).]
[369] ON APPEAL FROM THE VICE-ADMIRALTY COURT AT SIERRA LEONE.
THOMAS JENNINGS,-Appellant; HENRY WORSLEY HILL,-Respondent*
[Feb. 20, 1844].
The AUGUSTA.
A party attached for non-payment of costs decreed against him in an Appeal
under the Slave Trade Act [5 Geo. IV. c. 113], in which the Crown and the
Captors were the Respondents; upon supersedeas by the Crown, ordered to
be discharged out of custody: notwithstanding the Captors' objection to
the Crown receiving costs out of the proceeds of the sale of the vessel con-
demned.
By the 44th sec. of the 5th Geo. IV., c. 113, the Captors of a vessel employed con-
trary to the provisions of the Act, are only entitled to a moiety of the proceeds
of the sale thereof, after deducting the costs of prosecution [4 Moo. P.C. 372].
This was a motion to relax and supersede an attachment issued against Thomas
Jennings, the Appellant, for not obeying a monition for payment of costs decreed
on appeal under the following circumstances:
The Appeal was from a sentence of the Vice-Admiralty Court at Sierra Leone,
condemning the vessel, (the Augusta,) her tackle, etc., upon a charge of aiding and
abetting the slave-trade, contrary to the 5th Geo. IV., c. 113. The Appeal was
heard before their Lordships t on the 5th of April 1843, when the sentence of the
* Present: Lord Campbell, Sir Herbert Jenner Fust, the Right Hon. Dr. Lushing-
ton, and the Right Hon. T. Pemberton Leigh.
t Present: The Lord President (Lord Wharncliffe), Lord Brougham, Lord Camp-
bell, and the Right Hon. Dr. Lushington.
IV MOORE, 369](ViewImageLocal?handle=hein.slavery/ssactsengr0213&div=1&collection=&method=preview&ext=.png&size=3)